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GABRIEL FERNANDEZ, pet-res, v. JUANA BATISTA, res-app

13-426. GABRIEL FERNANDEZ, pet-res, v. JUANA BATISTA, res-app — Final judgment (Jean T. Schneider, J.), entered on or about November 26, 2012, affirmed, with $25 costs.

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13-426. GABRIEL FERNANDEZ, pet-res, v. JUANA BATISTA, res-app — Final judgment (Jean T. Schneider, J.), entered on or about November 26, 2012, affirmed, with $25 costs.

We sustain the possessory judgment awarded in favor of petitioner, the rent stabilized tenant of the apartment premises, and against respondent Batista, the alleged subtenant or licensee. Respondent failed to establish that she had any independent tenancy rights in the stabilized apartment premises. Any possessory rights respondent may lay claim to were subordinate to the tenancy rights of petitioner (see 170 West 85th St. Tenants Assn. v. Cruz, 173 AD2d 338 [1991]) and were terminated upon proper notice.

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